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AGENDA FOR THE CITY COUNCIL

City of Rapid City, South Dakota

7:00 P.M., June 15, 2009

 

ROLL CALL AND DETERMINATION OF QUORUM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADOPTION OF AGENDA

 

APPROVE MINUTES for June 1, 2009 Regular Council Meeting and June 4, 2009 Special Council Meeting.

 

AWARDS AND RECOGNITIONS

 

1.                  Veteran of the Month

 

2.                  Employee Awards

 

GENERAL PUBLIC COMMENT

 

A time for the members of the public to discuss or express concerns to the Council on any issue not on the agenda.  Action will not be taken at the meeting on any issue not on the agenda, except by placement on the agenda by unanimous vote of the Council members present.

 

NON-PUBLIC HEARING ITEMS -- Items 3 - 72

 

Public Comment opened – Items 3 - 56

Public Comment closed

 

CONSENT ITEMS – Items 3 - 51

 

Remove Items from the “Consent Items” and Vote on Remaining Consent Items

 

Vacations of Right-Of-Way Set for Hearing (July 20, 2009)

 

3.                  No. 09VR002 - A request by Olsen Development Company, Inc. for a Vacation of Right-of-Way of the south 495 feet of the NE1/4 SE1/4 less Lot 1 and the unplatted portion of the SE1/4 SE1/4, all located in the SE1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2000 Golden Eagle Drive.

 

4.                  No. 09VR003 - A request by Olsen Development Company, Inc. for a Vacation of the Section Line Right-of-Way of the south 495 feet of the NE1/4 SE1/4 less Lot 1 and the unplatted portion of the SE1/4 SE1/4, and Tract B of Tract 1 of the W1/2 SW1/4 less the IGT Subdivision and less right-of-way all located in the SE1/4 of Section 22 and the SW1/4 of Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2000 Golden Eagle Drive.

 

5.                  No. 09VR004 - A request by Olsen Development Company, Inc. for a Vacation of the Section Line Right-of-Way of the south 495 feet of the NE1/4 SE1/4 less Lot 1 and the unplatted portion of the SE1/4 SE1/4, of Section 22 and the E1/2 N1/2 NE1/4 of Section 27, all located in the SE1/4 of Section 22 and the NE1/4 of Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2000 Golden Eagle Drive.

 

6.                  No. 09VR005 - A request by Fisk Land Surveying & Consulting Engineers for Tom Rau and Dana Vogt for a Vacation of Right-of-way of Lot 16 of Block 2 and Lot 18 of Block 1 of Country Club Heights, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2809 and 2812 Frontier Drive.

 

Alcoholic Beverage License Applications Set for Hearing (None)

 

Public Works Committee Consent Items

 

7.                  No. PW060909-01 – Approve Change Order No. 1 Final for Levee Storm Sewer Flap Gates, to Mainline Contracting, Inc., Project No. DR08-1736 / CIP No. 50732, for an increase of $2,499.90.  

 

8.                  No. PW060909-02 – Approve Change Order No. Final for East North Street Overlay, to Simon Contractors of SD, Inc., Project No. ST09-1784 / CIP No. 50445, for a decrease of $10,700.38. 

 

9.                  No. PW060909-03 – Approve Change Order No. 1 Final for East Anamosa Street Extension Project, to Heavy Constructors, Inc., Project No. 07-0393, for an increase of $22,384.35.

 

10.              No. PW060909-04 – Approve Change Order No. 2 Final for Wisconsin Avenue Water Main Reconstruction, to Mainline Contracting, Inc., Project No. W08-1744 / CIP No. 50740, for an increase of $11,531.81.

 

11.              No. PW060909-05 Approve Change Order No. 1-A Final for Fairmont Boulevard / US Highway 16 Intersection Reconstruction, Project No. ST05-1251 for $0.00 (Correct Funding Distribution). 

 

12.              No. PW060909-06 – Authorize Staff to Advertise for Bids for a New Current Model Year Backhoe for the Water Division.  Replacement for John Deere 510 Backhoe.  Estimated Cost:  $158,500. 

 

13.              No. PW060909-07 – Authorize Staff to Advertise for Bids for Landfill Leachate Removal and Remediation, Project No. LF07-1681 / CIP No. 50694.  Estimated Cost of Project:  $246,000.00. 

 

14.              No. PW060909-08 – Authorize Mayor and Finance Officer to Sign an Agreement with Steve Becher for the right to harvest alfalfa from a certain property owned by the City of Rapid City in the amount of $11,201.00.

 

15.              No. PW060909-09 – Authorize Mayor and Finance Officer to Sign Amendment Number 1 to the agreement with Albertson Engineering, Inc. for the Block 75 Parking Structure Third Level Addition, Project No. IDP08-1725, in the amount of $2,315.92. 

 

16.              No. PW060909-10 – Authorize Mayor and Finance Officer to Sign an Interruptible General Gas Service Agreement between the City of Rapid City Common Energy Plant and Montana-Dakota Utilities Company to have natural gas delivered.

 

17.              No. PW060909-11 – Authorize Mayor and Finance Officer to Sign a Standard Agreement and Authorization for Services between the City of Rapid City and Simpson & Associates, Inc., Real Estate Appraisers, for a Market Value Appraisal for the property located at the NE Corner or Anamosa Street and Haines Avenue, Anamosa Street Reconstruction, Project No. ST07-1472 / CIP No. 50519, in the amount of $7,500.00.

 

18.              No. PW060909-12 – Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid City and HDR Engineering, Inc. for the Water Reclamation Facility Non-Potable Water System Replacement, Project No. WRF08-1770 / CIP No. 50748, in the amount of $89,802.00. 

 

19.              No. PW060909-13 – Authorize Mayor and Finance Officer to Sign an Agreement between the City of Rapid City and Britton Engineering and Land Surveying, Inc. for the Catron Boulevard / Highway 16B Sanitary Sewer Extension, Project No. SSW09-1782 / CIP No. 50396, in the amount of $82,500.00.   

 

20.              No. PW060909-14 – Authorize Mayor and Finance Officer to Sign Supplemental Agreement No. 1 between the City of Rapid City and Stanley Consultants, Inc., to provide additional services for the Energy Plant Study Project, Project No. PW08-1741, in the amount of $7,300.00.

 

21.              No. 09VE002 - Owen Mann Tract – Deny without prejudice at the applicant’s request the request by Code Works to consider an application for a Vacation of Utility and Drainage Easement on Lots 1 and 2 of Lot C of Block 5 of Owen Mann Tract, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3220 West Main Street.   

 

22.              No. PW060909-16 – Authorize the Mayor and Finance Officer to sign a public utility easement granting a 20 foot wide sewer easement across Lot 2, Owen Hibbard Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. 

 

23.              No. PW060909-15 – Approve Change Order No. 001 for Vickie Powers Park, Project No. PR08-6002, to RCS Construction for an increase of $10,301.00 for watermain revisions with cathodic protection. 

 

Legal & Finance Committee Consent Items

 

24.              No. LF061009-22 – Authorize Mayor and Finance Officer to sign Agreement between the City of Rapid City and SSST, LLC for the Completion of Subdivision Improvements Secured by Bond Number 105245299. 

 

25.              No. LF061009-23 – Authorize Mayor and Finance Officer to sign Agreement between the City of Rapid City and SSST, LLC for the Completion of Subdivision Improvements Secured by Bond Number 105245300. 

 

26.              Acknowledge the report regarding the Wally Byam sale.   

 

27.              No. LF061009-01 – Approve DUI Overtime and Special Event Program. 

 

28.              No. LF061009-02 – Approve DUI Enforcement Program.   

 

29.              No. LF061009-03 – Approve Travel Request for Kim Gerhardt to attend Fundamentals of Latent Prints Introductory Course in Fingerprints for Forensic Examiner in Hammond, IN, July 26-August 1, 2009, in the approximate amount of $1,695.   

 

30.              No. LF061009-04 – Approve Travel Request for Steve Allender to attend International Association of Chiefs of Police Annual Conference in Denver, CO, October 2-7, 2009, in the approximate amount of $1,760. 

 

31.              Authorize staff to apply for 2009 Assistance to Firefighters Grant from Homeland Security.   

 

32.              No. LF061009-05 – Approve Resolution Writing Off Uncollectable Ambulance Billing Accounts.

 

33.              No. LF061009-24 – Approve Travel Request for Mark Rohlfing and Tim Kobes to attend Missouri Valley Fire Chiefs Conference in Overland Park, KS, July 8-10, 2009, in the approximate amount of $2,340.   

 

34.              No. LF061009-25 – Approve Event Permit for the Rapid City Fire Department/ Pennington County Firefighter Association to use the metered parking spots in front of 603 Quincy Street and to block off 6th Street from the intersection of 6th Street and Quincy Street to just north of the alley access on June 12-13, 2009.   

 

35.              No. LF061009-06 – Approve Travel Request for Cameron Humphres and Ron Johnsen to attend AAAE/ALA Summer Legislative Issues Conference in Washington, DC July 12-16, 2009, in the approximate amount of $4,221. 

 

36.              No. 09TI001 – Approve a request by Ferber Engineering Co., Inc. for North Street Fire Station, LLC to consider an application for a Revised Project Plan for Tax Increment District No. 69 on that portion of the SE1/4 north of Interstate 90 less Tract A of the NE1/4 SE1/4 including that portion of vacated East Mall Drive being part of the outside edge of Lot H5; Lot B-1 of Lot B of SE1/4 NE1/4; Lot A of Lot 1 and the balance of Lot 1, Lot A & B of Lot 3 and Lot 3 less Lots A & B, Lot 2, all of Silver Strike Subdivision; that portion of SW1/4 north of Interstate 90 including vacated East Mall Drive within said SW1/4 less Lot 1 of NE1/4 SW1/4, less Lots 1 & 2 of NW1/4 SW1/4; Lot 1 of NE1/4 SW1/4 including vacated East Mall Drive within said lot; NW1/4 including vacated East Mall Drive located within said NW1/4, less lots AR, B, C less E1/2 NE1/4 NW1/4, less E1/2 NW1/4 NE1/4 NW1/4; Lots B & C of NW1/4; Lot AR; E1/2 NW1/4 NE1/4 NW1/4; SE1/4 NE1/4 NW1/4; NE1/4 NE1/4 NW1/4; that portion of Lot D located in the NW1/4 NE1/4; Lot A and Lot C in NW1/4 NE1/4; Right of way of East Mall Drive; Right of way of North Street; Right of way of Distribution Lane; all located in Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the Intersection of East Mall Drive and Dyess Avenue located in the western portion of Section 28 and the eastern portion of Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of U.S. Interstate 90, east of LaCrosse Street and west of Dyess Avenue.   

 

37.              Acknowledge the following volunteers for workmen’s compensation purposes:  Lauren Peiffer and Brittney Seitz.

 

38.              No. LF061009-08 – Declare three transformers surplus and authorize using these items as trade-ins.   

 

39.              No. LF061009-09 – Approve Resolution No. 2009-071 Declaring Property Surplus. 

 

40.              No. LF061009-10 – Approve Resolution No. 2009-072 to Amend the Contract between AFSCME and the City of Rapid City by Establishing the Position of Equipment Maintenance Chief to the AFSCME Pay Scale.   

 

41.              No. LF061009-11 – Approve Travel Request for Tammie Krumm to attend Annual Public Sector Human Resources Professional Conference in Nashville, TN, September 11-16, 2009, in the approximate amount of $2,897.   

 

42.              No. LF061009-12 – Authorize Mayor and Finance Officer to sign Agreement with Rapid City Racers Swim Club, Inc. 

 

43.              No. LF061009-13 – Approve Parks and Recreation Facilities Partnership Program Revisions.   

 

44.              No. LF061009-14 – Authorize Mayor and Finance Officer to sign Lease Agreement with Rapid City Lodge No. 1187 of the Benevolent and Protective Order of Elks for Property Located at the Southern Edge of the Wally Byam Site.   

 

45.              No. LF061009-15 – Authorize Mayor and Finance Officer to sign Covenant Agreement with Big D Oil Co. 

 

46.              No. LF061009-17 – Approve request from Sandra Curtis, d/b/a Granny’s Goodies, for 2009 Ice Cream Vending License. 

 

47.              No. LF061009-18 – Approve Raffle Request for the Rapid City Arts Council. 

 

48.              No. LF061090-20 – Authorize Mayor and Finance Officer to sign Memorandum of Understanding with AFSCME regarding shift differential pay. 

 

Growth Management Department Consent Items

 

49.              Approve to authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sidewalk along Cambell Street as they abut Lot 1, South Yard Subdivision, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. (09EX058)

 

50.              Approve to authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sidewalk along South Valley Drive and East Saint Andrew Street as they abut Lot N of Tract A, Schlottman Addition, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. (09EX064)

 

51.              No. 09PL016 – To Deny Without Prejudice A request by Renner & Associates for Gene Quinn for a Layout Plat on Lots 1 thru 3 of Blake Estates, Section 18, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Tract A of Government Lot 1 and Tract A of Government Lot 2, located in the W1/2 of the NW1/4, Section 18, T1N, R7E, BHM,  Pennington County, South Dakota, located at 6620 West Highway 44.

 

END OF CONSENT CALENDAR

 

CONTINUED CONSENT ITEMS – Items 52 - 56

 

Remove Items from the “Continued Consent Items” and Vote on Remaining Continued Consent Items

 

Continue the following items until July 6, 2009:

 

52.              No. 08PL131 - A request by FourFront Design, Inc. for Rapid City Economic Development Foundation for a Preliminary Plat on Lot 1R and Lot 2 of Block 3 of Rushmore Business Park, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 3 and a portion of Government Lot 2, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at the N¼ Corner of Section 4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County, South Dakota; Thence S00º06’56”W along the Center 1/4 line of said Section 4 a distance of 124.10 feet to a point on the South Right-of-Way of East Anamosa Street, Thence N89º56’23”E along said South Right-of-Way of East Anamosa Street a distance of 142.23 feet to a point along said Right-of-Way to the point of beginning: Thence N89º57’20”E along said South Right-of-Way of East Anamosa Street a distance of 285.56 feet to the intersection of the South Right-of-Way of East Anamosa Street and the West Right-of-Way of Concourse Drive; thence S00º11’20”W along the West Right-of-Way of Concourse Drive a distance of 129.00 feet; thence continuing along the West Right-of-Way of Concourse Drive along a curve to the LEFT, having a radius of 562.00 feet, a delta angle of 13º19’37” and whose long chord bears S06º43’28”E a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse Drive S13º38’17”E a distance of 668.79 feet; thence S76º22’04”W a distance of 265.23 feet; thence N13º37’01”W a distance of 439.18 feet; thence S76º22’37”W a distance of 60.35 feet; thence N13º37’23”W a distance 302.02 feet; thence N77º53’25”E a distance of 57.99 feet; thence N05º25’18”W a distance of 258.44 feet to the point of beginning, located at 333 Concourse Drive.

 

53.              No. 08PL143 - A request by Sperlich Consulting, Inc. for Joe Muth at Doeck, LLC for a Preliminary Plat on Lot 1R-2 of Block 3 of Rainbow Ridge Subdivision, located in E1/2 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1R of Block 3 of Rainbow Ridge Subdivision, located in the SE1/4 NE1/4, and a portion of the NE1/4 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest terminus of Bunker Drive.

 

54.              No. 08PL145 - A request by Sperlich Consulting, Inc. for Ronald Shape for a Preliminary Plat on Lot 13 of Block 6, Lots 2 thru 11 of Block 7, Lots 2 thru 11 of Block 8 of Homestead Subdivision, located in a portion of the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern terminus of Homestead Street and north of Carl Avenue.

 

55.              No. 09PL018 - A request by Centerline, Inc. for Hidden Valley, Inc. for a Preliminary Plat on Tracts 1 thru 3, Lots 1A thru 12B and Lot Z of Block 1, Lots 1A thru 11B of Block 2 of Skylines Village Subdivision, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the south 495 feet of the NE1/4 SE1/4 less Lot 1, the SE1/4 SE1/4 all in Section 22, T1N, R7E, BHM, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2000 Golden Eagle Drive.

 

Continue the following items until July 20, 2009:

 

56.              No. 09PL014 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1, 2 and 3 of Tract 3 of Discovery Subdivision of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 3 of Discovery Subdivision located in the NE1/4 of the SE1/4 and in the SE1/4 of the NE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1851 Discovery Circle.

 

END OF CONTINUED CONSENT ITEMS

 

NON-CONSENT ITEMS – Items 57 - 72

 

Public Comment opened – Items 57 – 72

Public Comment closed

 

Ordinances

 

57.              No. 09OA002First Reading of Ordinance No. 5517, An Ordinance Revising Permitted and Conditional Uses and Area Regulations within the Airport Zoning District by Amending Section 17.58 of the Rapid City Municipal Code. 

 

58.              No. LF061009-07 – First Reading of Ordinance No. 5516, An Ordinance Regarding Supplemental Appropriation No. 4 for 2009.

 

59.              No. 09RZ026 – First Reading of Ordinance No. 5518, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from Medium Density Residential District to Office Commercial District of Lots 31 and 32 of Block 18 of South Boulevard Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 336 Meade Street.

 

Growth Management Department Items

 

60.              No. 08PL098 - A request by Dream Design International Inc. for a Preliminary Plat on Lots 29 thru 33 of Block 3 of Homestead Plaza Subdivision, located in the S1/2 NW1/4 and in the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract A of F&N Subdivision, the balance of the E1/2 SW1/4 NW1/4, the balance of the SE1/4 NW1/4, located in the S1/2 NW1/4 and the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Timmons Boulevard, south of Neel Street and west of Big Sky Drive.

 

61.              No. 09PL003 - A request by Dream Design International, Inc. for a Preliminary Plat on Lot 1 of Block 2 of Hilltop Business Park Subdivision, formerly a portion of the SE1/4 of the NE1/4, located in the SE1/4 of the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 of the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Homestead Street and Elk Vale Road.

 

62.              No. 09PL022 - A request by Britton Engineering and Land Surveying for Fredrick and Arlene White for a Layout Plat on Lot 7R of Block 2 of Green Valley Estates, located in the SE1/4 of Section 23, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lots 7 and 8 of Block 2 of Green Valley Estates, located in the SE1/4 of Section 23, T1N, R8E, BHM, Pennington County, South Dakota, located at 5811 Green Tree Drive.

 

63.              No. 07VE002 - Section 23, T1N, R7E – A request by Sperlich Consulting, Inc. for Schriner Investments, LLC to consider an application for a Vacation of Access and Utility Easement on a portion of the 66 foot wide access and utility easement located in the NE1/4 of the NE1/4 of the NE1/4 and the SE1/4 of the NE1/4 of the NE1/4 all located in Section 23, T1N, R7E, Rapid City, Pennington County, South Dakota, more generally described as being located north of Enchantment Road and west of the eastern terminus of Stumer Road.

 

64.              No. 09EX058 – A request to waive the requirement to install sidewalk along Cambell Street as per City Ordinance No. 12.16.080 on Lot 1 South Yard Subdivision Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota.  

 

Legal & Finance Committee Items

 

65.              Request that ATTA provide a letter to the City Council setting out the scope of work to be done with the requested $150,000 from 2012 funds.

 

66.              No. LF061009-19 – Approve Event Permit for Ugly, Inc., d/b/a Sports Rock for Street Dances to be held on June 27, July 25, and August 29, 2009 

 

67.              No. LF061009-21 – Approve of abatement for Ardyth J. Peterson for 2008 in the amount of $80.18 

 

68.              No. LF061009-16 – Authorize Mayor and Finance Officer to sign Developer’s Agreement with HDRK Properties, LLC for Tax Increment District No. 56.     

 

Public Works Committee Items

 

69.              09EX064 – Approve with a “waiver of right to protest” a request to waive the requirement to install sidewalk along South Valley Drive and East Saint Andrew Street as per City Ordinance No. 12.16.080 at Mel’s Auto Body, 1755 South Valley Drive (Lot N of Tract A, Schlottman Addition) Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota.   

 

70.              No. CC061509-03 – Horace Mann Pool Update

 

Bids

 

71.              No. CC061509-02.1 – Fifteen (15) Transit Shelters for Rapid Transit Division (Opened on June 9, 2009)

 

Mayor’s Items

 

Council Items & Liaison Reports

 

72.              Direction for 2010 Budget, Alderman Weifenbach

 

Reconsideration Notices

 

Motion for Delivery of Items from Committee

 

Staff Items

 

Appeals

 

DARB

 

License application appeals

 

Sign Code Appeals

 

Other Appeals Heard by the Council

 

CIP Committee Items

 

PUBLIC HEARING ITEMS – Items 73 – 110

 

Open Public Hearing (comment) Items 73 – 110

 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 73 – 75

 

Remove Items from the “Continued Public Hearing Consent Items” and Vote on Remaining Continued Public Hearing Consent Items

 

Continue the following items until July 6, 2009:

 

73.              No. 08SV047 - A request by FourFront Design, Inc. for Rapid City Economic Development Foundation for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along East Anamosa Street and to waive the requirement to install sidewalk on Concourse Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1R and Lot 2 of Block 3 of Rushmore Business Park, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 3 and a portion of Government Lot 2, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at the N¼ Corner of Section 4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County, South Dakota; Thence S00º06’56”W along the Center 1/4 line of said Section 4 a distance of 124.10 feet to a point on the South Right-of-Way of East Anamosa Street, Thence N89º56’23”E along said South Right-of-Way of East Anamosa Street a distance of 142.23 feet to a point along said Right-of-Way to the point of beginning: Thence N89º57’20”E along said South Right-of-Way of East Anamosa Street a distance of 285.56 feet to the intersection of the South Right-of-Way of East Anamosa Street and the West Right-of-Way of Concourse Drive; thence S00º11’20”W along the West Right-of-Way of Concourse Drive a distance of 129.00 feet; thence continuing along the West Right-of-Way of Concourse Drive along a curve to the LEFT, having a radius of 562.00 feet, a delta angle of 13º19’37” and whose long chord bears S06º43’28”E a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse Drive S13º38’17”E a distance of 668.79 feet; thence S76º22’04”W a distance of 265.23 feet; thence N13º37’01”W a distance of 439.18 feet; thence S76º22’37”W a distance of 60.35 feet; thence N13º37’23”W a distance 302.02 feet; thence N77º53’25”E a distance of 57.99 feet; thence N05º25’18”W a distance of 258.44 feet to the point of beginning, located at 333 Concourse Drive.

 

74.              No. 08SV054 - A request by Sperlich Consulting, Inc. for Joe Muth at Doeck, LLC for a Variance to the Subdivision Regulations to waive the requirement to install water as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1R-2 of Block 3 of Rainbow Ridge Subdivision, located in E1/2 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1R of Block 3 of Rainbow Ridge Subdivision, located in the SE1/4 NE1/4, and a portion of the NE1/4 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest terminus of Bunker Drive.

 

Continue the following items until July 20, 2009:

 

75.              No. 09SV009 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install water and sewer along Elk Vale Road and Interstate 90 as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1, 2 and 3 of Tract 3 of Discovery Subdivision of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 3 of Discovery Subdivision located in the NE1/4 of the SE1/4 and in the SE1/4 of the NE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1851 Discovery Circle.

 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

 

Close Public Hearing (comment)Items 73 – 110

 

CONSENT PUBLIC HEARING ITEMS – Items 76 – 103

 

Remove Items from the “Consent Public Hearing Items” and Vote on Remaining Consent Items

 

Growth Management Items

 

76.              No. 09FV006 - Mall Drive Subdivision – A request by Eric Lytle for Upper Deck Architects, Inc. to consider an application for a Fence Height Exception to allow a 12 foot high fence in lieu of an 8 foot high fence in the Light Industrial Zoning District on Lot 3A of Mall Drive Subdivision, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3440 E. Mall Drive. 

 

77.              No. 09CA008 - A request by James L. Scull, Jr. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Commercial to Light Industrial with a Planned Industrial Development on a parcel of land, located in the SW¼ SW¼ of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota. The Point of Beginning of said parcel being identical with the northwesterly corner of Lot 2 of SSJE Subdivision recorded at the Pennington County Register of Deeds Office in Plat Book 29 Page 167, said corner being marked with a 5/8” rebar with survey cap said corner being the Point of Beginning: Thence First Course: along the northerly line of said Lot 2 a bearing of S89º56'10"E and a distance of 273.99 feet to 5/8” iron rod; Thence Second Course: along a line bearing S89º57’50”E and a distance of 617.49 feet to a the northeasterly corner of said Parcel and an intersection with the Section 1/16th line of said Section 32; Thence Third Course: along said Section 1/16th line a bearing of S00º07’24”W and a distance of 813.51 feet to the West 1/16 corner of said Section 32 which is marked with a magnetic nail with flasher marked “LS 4371”; Thence Fourth Course: along the southerly section line of said Section 32 a bearing of N89º52’58”W and a distance of 630.09 feet to a 5/8’ rebar with survey cap marked “LS 4371”; Thence Fifth Course: continuing along the southerly section line of said Section 32 a bearing of N89º52’47”W and a distance of 170.11 feet to the southwesterly corner of Lot 7 of said SSJE Subdivision marked with a 5/8’ rebar with survey cap marked “LS 4897”; Thence Sixth Course: along the westerly line of said Lot 7 a bearing of N00º09’09”E and a distance of 205.41 feet to the northwesterly corner of said Lot 7 and an intersection with the southerly right-of-way line of Jess Street marked with a 5/8’ rebar with survey cap marked “LS 4897”; Thence Seventh Course: along a line with a bearing of N49º19’44”W and a distance of 87.31’ to an intersection with the northerly right-of-way line of Jess Street and the southwesterly corner of Lot 2 of Lot A of D.D.E. Subdivision as recorded in Plat Book 29, Page 68; Thence Eighth Course: along the westerly line of said Lot 2 of Lot A a bearing of N00º00’30”E and a distance of 150.00 feet;Thence Ninth Course: continuing along the westerly line of said Lot 2 of Lot A a bearing of S89º53'09”W and a distance of 25.00 feet; Thence Tenth Course: continuing along the westerly line of said Lot 2 of Lot A a bearing of N00º09’42”E and a distance of 52.51 feet to the southwesterly corner of Lot 1 of said SSJE Subdivision marked with a 5/8’ rebar; Thence Eleventh Course: along the westerly line of said Lot 1 a bearing of N00º26’40”E and a distance of 119.65 feet to the southwesterly corner of Lot 2 of said SSJE Subdivision marked with a 5/8’ rebar; Thence Twelfth Course: along the westerly line of said Lot 2 a bearing of N00º00’48”E and a distance of 228.14 feet to the Point of Beginning. Basis of Bearings established by GPS observations, base located at the northeasterly corner of Lot K-2 S. Said Parcel of Land Contains 16.043 acres, more or less, located adjacent to Kermit Lane east and west, south of Jess Street.

 

78.              No. 09OA003 - A request by City of Rapid City for an Ordinance Amendment to Amend the Off-street Parking Requirements to include Requirements for a Tire Sales and Service Facility by Amending Table 17.20.270 of the Rapid City Municipal Code.

 

Alcohol Licenses

 

79.              Late Harvest Inc. DBA Tally’s Silver Spoon, 530 6th St, for a 2009 - 2010 Retail (on-off sale) Malt Beverage License, NO Video Lottery

 

80.              Late Harvest Inc. DBA Tally’s Silver Spoon, 530 6th St, for a Retail (on-off sale) Wine License

 

81.              Rushmore German Club for a Special Event Beer License for events scheduled August 21 through 29, 2009 at the Central States Fair, 800 San Francisco

 

82.              Rapid City Regional Hospital Foundation for a Special Event Wine License for an event scheduled June 20, 2009 at The Golf Club at Red Rock, 6520 Birkdale Dr.

 

83.              Black Hills Heritage Festival for a Special Event Beer and Wine License for events scheduled July 1 through 4, 2009 at Memorial Park

 

84.              Ugly Inc DBA Budd Ugly’s, 321 7th Street, for a Retail (on-off sale) Malt Beverage License, NO Video Lottery

 

85.              Kelly Remily DBA Delmonico Grill, 609 Main Street, for a Retail (on-off sale) Malt Beverage License, NO Video Lottery

 

86.              Kelly Remily DBA Delmonico Grill, 609 Main Street, for a Retail (on-off sale) Wine License

 

87.              Khoury’s Mediterranean Cuisine Inc. DBA Khoury’s Mediterranean Cuisine, 1109 W Omaha Street Suite D for a Retail (on-off sale) Malt Beverage License, NO Video Lottery TRANSFER from Khoury’s Mediterranean Cuisine, 2520 W Main St.

 

88.              Khoury’s Mediterranean Cuisine Inc. DBA Khoury’s Mediterranean Cuisine, 1109 W Omaha Street Suite D for a Retail (on-off sale) Wine License TRANSFER from Khoury’s Mediterranean Cuisine, 2520 W Main St.

 

2009 – 2010 Retail (on-off sale) Malt Beverage License Renewals

 

89.              Coco Palace LLC DBA Coco Palace, 1900 N. Maple Ave., for a Retail (on-off sale) Malt Beverage License, NO Video Lottery

 

90.              Mae Jean Adams DBA The Corn Exchange, 727 Main St., for a Retail (on-off sale) Malt Beverage License, NO Video Lottery

 

91.              Sergio and Ana Line Munoz DBA Sabor A Mexico, 208 E North Street for a Retail (on-off sale) Malt Beverage License, NO Video Lottery

 

92.              Khoury’s Mediterranean Cuisine Inc. DBA Khoury’s Mediterranean Cuisine, 1109 W Omaha Street Suite D for a Retail (on-off sale) Malt Beverage License, NO Video Lottery

 

93.              Bach Investment Inc DBA Hideaway Casino, 1575 N LaCrosse Street Suite D for a Retail (on-off sale) Malt Beverage License, WITH Video Lottery

 

94.              Northstar Inc. DBA Hunan Chinese Restaurant, 1720 Mt. Rushmore Rd. for a Retail (on-off sale) Malt Beverage License, NO Video Lottery

 

95.              Chrisbro LLC DBA Hampton Inn, 1720 Rapp Street for a Retail (on-off sale) Malt Beverage License, NO Video Lottery

 

96.              Northcott Company DBA Perkins Restaurant and Bakery, 2305 Mt. Rushmore Rd. for a Retail (on-off sale) Malt Beverage License, NO Video Lottery

 

97.              Northcott Company DBA Perkins Restaurant and Bakery, 1715 N LaCrosse St. for a Retail (on-off sale) Malt Beverage License, NO Video Lottery

 

98.              Kelly Remily DBA Delmonico Grill, 609 Main Street, for a Retail (on-off sale) Malt Beverage License, NO Video Lottery

 

2009 – 2010 Package (off-sale) Malt Beverage License Renewals

 

99.              Nash Finch Company DBA Family Thrift Center #253, 1516 E St. Patrick St. for a Package (off-sale) Malt Beverage License

 

100.          Nash Finch Company DBA Family Thrift Center #254, 855 Omaha St. for a Package (off-sale) Malt Beverage License

 

101.          I-90 Service Center Inc. DBA I-90 Service Center, 2213 N LaCrosse St. for a Package (off-sale) Malt Beverage License

 

102.          Wal-mart Stores Inc. DBA Wal-mart Supercenter 1604, 1200 N LaCrosse St. for a Package (off-sale) Malt Beverage License

 

103.          Burnell Lutz DBA One Stop Shop and Laundry, 1903 N Maple for a Package (off-sale) Malt Beverage License

 

Assessment Rolls

 

Other Items Requiring Public Hearings

 

END OF CONSENT PUBLIC HEARING CALENDAR

 

NON-CONSENT PUBLIC HEARING ITEMS – Items 104 – 110

 

104.          No. 09RZ022 - Second Reading, Ordinance 5512, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within described property as requested by City of Rapid City for a Rezoning from No Use District to Low Density Residential District of the north 350 feet of Lot 15 Revised of Hillsview Subdivision and the south 293 feet of Lot 6 of Marshall Subdivision, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Valley Drive and north of S.D. Highway 44. (Continued from June 1, 2009)

 

105.          No. 09RZ025 - Second Reading, Ordinance No. 5515, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by A request by James L. Scull, Jr. for a Rezoning from General Commercial District to Light Industrial District of a parcel of land, located in the SW¼ SW¼ of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota. The Point of Beginning of said parcel being identical with the northwesterly corner of Lot 2 of SSJE Subdivision recorded at the Pennington County Register of Deeds Office in Plat Book 29 Page 167, said corner being marked with a 5/8” rebar with survey cap said corner being the Point of Beginning: Thence First Course: along the northerly line of said Lot 2 a bearing of S89º56'10"E and a distance of 273.99 feet to 5/8” iron rod; Thence Second Course: along a line bearing S89º57’50”E and a distance of 617.49 feet to a the northeasterly corner of said Parcel and an intersection with the Section 1/16th line of said Section 32; Thence Third Course: along said Section 1/16th line a bearing of S00º07’24”W and a distance of 813.51 feet to the West 1/16 corner of said Section 32 which is marked with a magnetic nail with flasher marked “LS 4371”; Thence Fourth Course: along the southerly section line of said Section 32 a bearing of N89º52’58”W and a distance of 630.09 feet to a 5/8’ rebar with survey cap marked “LS 4371”; Thence Fifth Course: continuing along the southerly section line of said Section 32 a bearing of N89º52’47”W and a distance of 170.11 feet to the southwesterly corner of Lot 7 of said SSJE Subdivision marked with a 5/8’ rebar with survey cap marked “LS 4897”; Thence Sixth Course: along the westerly line of said Lot 7 a bearing of N00º09’09”E and a distance of 205.41 feet to the northwesterly corner of said Lot 7 and an intersection with the southerly right-of-way line of Jess Street marked with a 5/8’ rebar with survey cap marked “LS 4897”; Thence Seventh Course: along a line with a bearing of N49º19’44”W and a distance of 87.31’ to an intersection with the northerly right-of-way line of Jess Street and the southwesterly corner of Lot 2 of Lot A of D.D.E. Subdivision as recorded in Plat Book 29, Page 68; Thence Eighth Course: along the westerly line of said Lot 2 of Lot A a bearing of N00º00’30”E and a distance of 150.00 feet;Thence Ninth Course: continuing along the westerly line of said Lot 2 of Lot A a bearing of S89º53'09”W and a distance of 25.00 feet; Thence Tenth Course: continuing along the westerly line of said Lot 2 of Lot A a bearing of N00º09’42”E and a distance of 52.51 feet to the southwesterly corner of Lot 1 of said SSJE Subdivision marked with a 5/8’ rebar; Thence Eleventh Course: along the westerly line of said Lot 1 a bearing of N00º26’40”E and a distance of 119.65 feet to the southwesterly corner of Lot 2 of said SSJE Subdivision marked with a 5/8’ rebar; Thence Twelfth Course: along the westerly line of said Lot 2 a bearing of N00º00’48”E and a distance of 228.14 feet to the Point of Beginning. Basis of Bearings established by GPS observations, base located at the northeasterly corner of Lot K-2 S. Said Parcel of Land Contains 16.043 acres, more or less, located adjacent to Kermit Lane east and west, south of Jess Street.

 

106.          No. 09FV005 - South Point Subdivision – A request by Don and Lori Ebsen to consider an application for a Fence Height exception to allow a six foot high fence in the front yard setback on Lot 21 of Block 2 of South Pointe Subdivision, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4827 Mandalay Lane.      

 

107.          No. 09SE004 - A request by Black Hills Heritage Festival for a Special Exception to the Flood Area Construction Regulations to allow temporary structures in the flood plain on Tract 20 less Lot H1 of the Rapid City Greenway Tract, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Omaha Street between North Mount Rushmore Road and Fifth Street in Memorial Park.

 

108.          Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of water along Elk Vale Road as they abut a portion of the SE1/4 of the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. (09SV002)

109.          No. 09SV002 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install water and sewer along Elk Vale Road as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Block 2 of Hilltop Business Park Subdivision, formerly a portion of the SE1/4 of the NE1/4, located in the SE1/4 of the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 of the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Homestead Street and Elk Vale Road.

 

110.          No. 09FV007 - Vista Lake Subdivision – A request by Site Dynamics, Inc. for SWS, LLC to consider an application for a Fence Height Exception to allow a 9 foot high fence in lieu of a six foot high fence in a Office Commercial Zoning District on Lot 1, Vista Lake Subdivision #2, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4616 Jackson Boulevard.    

 

BILLS

 

111.          No. CC061509-01 – Bill List for June 15, 2009

 

EXECUTIVE SESSION for the purposes permitted by SDCL 1-25-2

 

STAFF DIRECTION

 

ADJOURN